NMVerdicts.com Terms of Use

Posted: October 19, 2015. Effective: October 19, 2015.

These Terms of Use (the "Terms" or the "Agreement") govern your access to and use of NMVerdicts.com, including our websites and email notifications (the "Services"), and any text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

1. Using our Services

A. Eligibility

In consideration of your use of the Services, you agree that (1) you are an individual (i.e., not a corporate entity); (2) you are at least 18 years of age; (3) you are capable of forming a binding contract with DLS; (4) you will only have one NMVerdicts.com account; and (5) you have not previously had a NMVerdicts.com account that was terminated by us.

This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. DLS makes no claim that the Site may be lawfully viewed or that content on the website may be accessed outside of the United States. Access to the Site or its Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of Your jurisdiction.

B. Your Account

To use the Services, you must complete the signup form. You agree to: (1) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (2) choose a strong and secure password; (3) maintain the security of your password and identification; (4) maintain and promptly update the Registration Data and any other information you provide to DLS, and keep it accurate, current and complete; (5) follow the Acceptable Use Policy below; and (6) be fully responsible for all use of your account and for any actions that take place using your account.

The Services offered through the Site are for your own use, and not for the use or benefit of any third party. You accept full responsibility for all activity conducted through your account and you agree to and hereby release the Site and DLS from any and all liability concerning such activity. You agree to notify DLS immediately of any actual or suspected loss, theft, or unauthorized use of your account or password. DLS expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.

If you are using the Services on behalf of a business (e.g., a law firm), that business accepts these Terms. It will hold harmless and indemnify DLS from any claim, suit, or action arising from or related to your use of the Services or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorney fees.

C. Your License to Use the Services

DLS grants you a personal, worldwide, royalty-free, non-assignable, non-transferable, and non-exclusive license to access and use the Site and the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner permitted by these Terms.

D. Notices and Service Messages

As part of providing you the Services, we may need to provide you with certain communications, such as service announcements or administrative messages. These communications are part of the Services which you may not be able to opt out from receiving.

You agree that we may provide notices to you in the following ways: (1) a banner notice on the Site, (2) an email sent to the email address associated with your Account, or (3) through any other means including telephone, SMS, or physical mail.

DLS is not responsible for any automatic filtering You or Your network provider may apply to email notifications sent to the email address You provide. Please add the Site’s email addresses, such as support@NMVerdicts.com, to Your email address book or whitelist to help ensure you receive email notifications.

E. Service Availability

The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. DLS may change, suspend, or discontinue the Services at any time, including the availability of any feature, database, or Content. DLS may also impose limits on certain features and Services or restrict your access to parts or all of the Services without notice or liability. DLS retains the right to create limits on use and storage in its sole discretion at any time with or without notice.

DLS will use reasonable efforts to ensure the Site and Services are available twenty-four hours a day, seven days a week. However, DLS reserves the right to interrupt the Site with or without prior notice for any reason or no reason. You agree that neither DLS nor the Site will be liable in any event to you or any other party for any suspension, modification, discontinuance, or lack of availability of the Site, the Services on the Site, any Content that you create, or any other content.

F. Disclaimer Regarding Legal Advice

All Content is for general informational purposes only and should not be taken as professional advice. You should seek independent professional advice from someone licensed or qualified to give such advice instead of relying on any information, opinion, or advice on the Site.

In particular, DLS and the Site are not attorneys or a law firm and do not provide legal advice. There is no attorney-client relationship between You and DLS or between You and the Site. We do not review Content for accuracy or legal sufficiency, draw legal conclusions, or apply the law to the facts of Your particular situation. We also do not encourage subscribers to give legal advice or give any credence to legal advice that is provided by others on our Site. Content is not regulated by any state or national bar association. You understand that DLS’s provision of Services is neither legal advice nor the practice of law and does not form an attorney-client relationship.

Most Subscribers are attorneys. If you are an attorney, you understand and agree that, consistent with the ethical and professional obligations you ordinarily comply with, it is your responsibility to verify and independently evaluate any Content that you refer to in the course of rendering legal services. Any use or reliance on any Content obtained by you from through the Services is at your own risk.

2. Privacy

Your privacy is important to us. Our Privacy Policy explains how we treat your personal data and protect your privacy when you use NMVerdicts.com. By using our Services, you agree that we can collect and use such data in accordance with our Privacy Policy.

3. Site Content

A. Subscriber Content

You understand that all information, including but not limited to data, text, graphics, logos, tools, photographs, images, illustrations, software, audio, video, and animations (collectively, "Content"), whether publicly posted or privately transmitted, available in connection with the Services is the sole responsibility of the person from whom such Content originated. You are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Services ("Subscriber Content").

We do not claim any rights in any Subscriber Content you may submit or make available for inclusion on NMVerdicts.com. You retain your rights to any Subscriber Content that You contribute to the Site. However, by submitting, posting, or displaying Subscriber Content on or through the Services, you grant us a worldwide, non-exclusive, transferable, sub-licensable, royalty-free license ("Content License") to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods (now known or later developed). This license continues even if you stop using the Services. You warrant, represent, and agree that you have the right to grant DLS and the Site the rights set forth above.

We do not guarantee the accuracy, integrity, or quality of the Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available on or through the Services.

You may choose to or we may invite you to submit comments or ideas about the Site or Services, including but not limited to about how to improve the Site or Services ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place DLS under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of Your submission of an Idea, DLS does not waive any rights to use similar or related ideas previously known to DLS, developed by DLS’s employees, or obtained from sources other than You.

B. NMVerdicts.com Rights

All right, title, and interest in and to the Services (excluding government works and Subscriber Content) are and will remain the exclusive property of DLS and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the NMVerdicts.com name or any NMVerdicts.com trademark, logo, domain name, or other distinctive brand feature.

DLS does not assert copyright in any government documents that constitute part of the Content (for example, excerpts from published judicial opinions). However, DLS does claim copyright in the markup, navigation features, online formatting, and other features that add value to such government documents as are included in the Site.

C. All Content and Data on DLS’s Servers is Subject to Deletion, Alteration, or Transfer

When using the Site or the Services, you may accumulate Content that may reside as data on DLS’s servers. THIS DATA, AND ANY OTHER DATA, ACCOUNT HISTORY AND ACCOUNT NAMES RESIDING ON DLS’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN DLS’S SOLE DISCRETION.

YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE WITH RESPECT TO SUBSCRIBER CONTENT YOU POST ON THE SITE, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH SUBSCRIBER CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, DLS DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE SUBSCRIBER CONTENT OR SITE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON DLS’S SERVERS.

YOU UNDERSTAND AND AGREE THAT DLS HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY SITE CONTENT (INCLUDING YOUR SUBSCRIBER CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITHOUT ANY LIABILITY OF ANY KIND.

4. Acceptable Use Policy

Failure to do any of the following required acts, or to refrain from doing any of the prohibited acts, shall constitute a breach of this Agreement, which may result in immediate termination of your account.

A. Your Obligations

You agree that you will:

B. Restrictions

You agree that you will not:

5. Disclaimers and Limits of Liability

A. Warranty Disclaimer

You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.

DLS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM DLS SHALL CREATE ANY WARRANTY.

B. Indemnification

You hereby agree to defend, indemnify and hold harmless DLS, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, successors and assigns and other Subscribers of the Services, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any breach of this Agreement by you, or from your use of the Site or the Services. You agree to defend, indemnify and hold harmless DLS, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, successors and assigns from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any claims by third parties that your activity on the Site or your Subscriber Content (including activity performed by, or Content created by, third parties using your account) infringes upon, violates or misappropriates any of their Intellectual Property Rights or discloses their Proprietary Information.

C. Limitation of Liability

IN NO EVENT SHALL DLS OR ANY OF ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION: A. ANY DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, CONTENT, OR OTHER INTANGIBLES; B. DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SITE, ERRORS, OR OMISSIONS; OR C. DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT) ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICES OR THE SITE (INCLUDING WITHOUT LIMITATION ITS MODIFICATION OR TERMINATION), YOUR ACCOUNT (INCLUDING WITHOUT LIMITATION ITS TERMINATION OR SUSPENSION), OR THIS AGREEMENT, WHETHER OR NOT DLS MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF DLS OR THE SITE TO YOU FOR DAMAGES OF ANY KIND OR NATURE EXCEED ONE HUNDRED DOLLARS (U.S. $100.00).

Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you. You agree that DLS shall not be held responsible or liable for anything that occurs or results from accessing the Site or participating in the Services.

D. Third Party Websites

The Site may contain links to third party websites or resources that are outside DLS’s control and not covered by this Agreement. Links to such websites or resources do not imply any endorsement by DLS of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Unless explicitly otherwise provided, neither DLS nor the Site make any representation or warranty whatsoever about third-party websites that are linked to the Site. DLS and the Site disclaim (a) all responsibility and liability for content on third-party websites and (b) any representations or warranties as to the security of any information (including but not limited to credit card and other personal information) that You might be requested to give any third party, and You hereby irrevocably waive any claim against the Site or DLS with respect to such sites and third-party content.

6. Fees and Payments

Some of the Services may require payment of fees ("Premium Services"). Should you elect to use the Premium Services, you must provide information about your preferred method of payment (e.g., credit card). You agree to pay all applicable fees, as described on the Site in connection with such Premium Services selected by you, and any related taxes or additional charges.

All membership fees are payable in advance. Membership fees will be billed automatically to the Payment Method at the start of the annual period, and will auto-renew until your membership is terminated. The renewal membership fees will be the same as the initial charges unless you are otherwise notified in advance. You authorize DLS to charge your Payment Method for the appropriate membership charges and fees and for any other purchases you elect to make via the Site. We reserve the right to increase membership fees or to institute new fees at any time upon reasonable notice posted in advance on this Site. If you upgrade your membership or add new categories of service to your account, such changes may result in a new billing date effective upon the date you elect such upgrade or addition. ALL PURCHASES ARE FINAL AND NO REFUND WILL BE GIVEN FOR UNUSED PORTIONS OF YOUR INITIAL OR ANY RENEWAL MEMBERSHIP PERIOD.

You may cancel your Premium membership by visiting your “Account” page and selecting “Downgrade” or by using the "contact us" feature. The cancellation of a membership will go into effect at the end of your current billing cycle, and you will have the same level of access to the Services through the remainder of such billing cycle. When your Premium membership ends, your account will enter “Free” mode. No refunds or credits will be provided upon cancellation. You can renew your subscription at anytime without opening a new account, provided that additional fees may apply if you decide to upgrade to Premium membership at a later date.

You understand that, unless otherwise agreed to in writing by DLS, You have no expectation of compensation for any activity, contribution, content, or idea that you provide to DLS or the Site.

7. Amendments

We may revise these Terms from time to time. The most current version will always be available at http://www.NMVerdicts.com/pages/terms. If the revision, in our sole discretion, is material we will notify you by email at the email associated with your account or via the Site when you next use the Services.

By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site or the Services.

8. Termination

You agree that we may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the Services. Cause for such termination shall include, but not be limited to:

  1. breaches or violations of the Terms or other incorporated agreements or guidelines,
  2. requests by law enforcement or other government agencies,
  3. a request by you (self-initiated account deletions),
  4. discontinuance or material modification to the Site (or any portion thereof),
  5. unexpected technical or security issues or problems,
  6. extended periods of inactivity,
  7. nonpayment of any fees owed by you in connection with the Site,
  8. your creation of risk or possible legal exposure for us, or
  9. our provision of the Services to you is no longer commercially viable.

Termination of your account may include removal of access to all offerings within the Site; deletion of your information, files and Content associated with or inside your account; and barring of further use of the Services. Further, you agree that all terminations for cause shall be made in our sole discretion and that we will not be liable to you or any third party for any termination of your account or access to NMVerdicts.com.

In the event of termination, we will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.

Upon termination of Subscriber’s account, Subscriber’s right to use the Services, access the Site, and any Content will immediately cease. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Site and the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to DLS or the Site, including without limitation any indemnification obligations contained herein.

9. General Terms

  1. These Terms and our Privacy Policy constitute the entire agreement between the parties regarding NMVerdicts.com, and supersedes any prior agreements between DLS and you regarding the Services.
  2. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
  3. If any provision of this agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable.
  4. DLS shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond DLS’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
  5. This agreement is not assignable, transferable or sublicensable by Subscriber except with DLS’s prior written consent.
  6. All of our rights and obligations under this agreement are freely assignable by us in whole or in part at any time without Subscriber’s consent.
  7. This agreement does not confer any third party beneficiary rights.
  8. We reserve all rights not expressly granted to you.

10. Jurisdiction and Choice of Law; Arbitration

You expressly agree that Your rights and obligations, this Agreement, and any disputes related thereto shall be governed by and interpreted in accordance with the laws of the State of New Mexico, excluding its choice of law rules. Unless submitted to arbitration as set forth in the following paragraph, any claim or dispute between You and DLS that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in Bernalillo County, New Mexico. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Any controversy or claim arising out of or relating to this Agreement, the relationship resulting in or from this Agreement or breach of any duties hereunder will be settled by Arbitration in accordance with the American Arbitration Association (“AAA”). All hearings will be held in Albuquerque, New Mexico before an Arbitrator who is a licensed attorney with at least 15 years of experience. A judgment upon the award rendered by the Arbitrator shall be entered in a Court with competent jurisdiction. The New Mexico Uniform Arbitration Act (NMSA 1978, Section 44-7A-1 et seq.) shall govern all arbitration and confirmation proceedings. As a condition precedent to the filing of an arbitration claim, the parties agree to first mediate any claims between them at AAA. Any party refusing to mediate shall not prevent the other party or parties from pursuing their claims in arbitration. The parties will share the cost of mediation equally. Nothing herein will be construed to prevent any party’s use of injunction, and/or any other prejudgment or provisional action or remedy. Any such action or remedy will not waive the moving party’s right to compel arbitration of any dispute. The parties agree to also meet and negotiate in good faith in order to resolve any disputes which may arise between them.

11. Copyright Policy

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and our policy about responding to notices in our Copyright Policy.

12. Definitions

  1. By the "Site," we mean the website operated by us at http://www.NMVerdicts.com and any other NMVerdicts.com branded websites (including subdomains or mobile versions).
  2. By "NMVerdicts.com" or the "Services," we mean the features and services we make available through the Site, including the Site, email notifications, applications, and commerce services.
  3. By "DLS," we mean Disruptive Legal Systems, LLC, a New Mexico limited liability company, together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers and directors. We may also refer to DLS as "we" or "us" in this Agreement.
  4. By "Subscriber," we mean an individual that has created an account on NMVerdicts.com. We may also refer to Subscribers as "you" in this Agreement.

These services are operated and provided by Disruptive Legal Systems, LLC. If you have any questions about these Terms, please contact us.